Title

Protecting Human Rights and Securing Peace in Northern Ireland: The Vital Role of Police Reform

Friday, September 22, 2000
United States
Members: 
Name: 
Hon. Christopher Smith
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Donald Payne
Title Text: 
Member of Congress
Body: 
House of Representatives
Name: 
Hon. Benjamin Gilman
Title Text: 
Chairman
Body: 
House Committee on International Relations
Witnesses: 
Name: 
Harold Hongju Koh
Title: 
Assistant Secretary for Democracy, Human Rights and Labor
Body: 
Department of State
Name: 
Gerald Lynch
Title: 
President
Body: 
John Jay College of Criminal Justice, The City University of New York
Name: 
Brendan O'Leary
Title: 
Professor
Body: 
London School of Economics and Political Science
Name: 
Martin O'Brien
Title: 
Director
Body: 
Committee on the Administration of Justice, Belfast
Name: 
Elisa Massimino
Title: 
Director, Washington Office
Body: 
Lawyers Committee for Human Rights

This hearing examined ongoing human rights efforts in Northern Ireland, in particular underscoring the importance of police reform for a just and lasting peace in Ulster.  Chairman Smith stressed the significance of the British government’s pending decision on the Patten Report, noting that its enactment would be a definitive move towards police reform. One witnesses, Gerald W. Lynch, a professor at John Jay College of Criminal Justice, said, “The Patten report provides a framework on which a police service built on a foundation of human rights can be achieved.” The Commissioners also commended the Good Friday Agreement.

Relevant countries: 
Leadership: 
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    Beginning at the Copenhagen Human Dimension Meeting in June 1990, Albania has been granted observer status at CSCE meetings. Albania would like to move beyond its current observer status and become a full participant in the process. The Commission delegation had stated when it left after its first visit that it needed to see significant improvements in Albania s human rights performance before we could support Albania’s membership in the CSCE. There is no question that the situation has remarkably improved as of last year, a fact which we on the Helsinki Commission have welcomed and have even complimented the existing government for moving in what we consider the right direction. A key question now, in addition to that of CSCE membership, is how the United States can best develop these bilateral relations to the benefit of democracy in Albania.

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  • Soviet Crackdown in the Baltic States

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  • Status Report on Soviet Jewry

    This hearing, which Representative Steny H. Hoyer presided over, was a portion of multiple hearings held on March 7, 1990, when attendees looked at the dramatic consequences of the Soviet government’s decision to relax its emigration policies, in addition to the impact of Glasnost on Jewish life in what was then the U.S.S.R. This new decision, the emigration policy of which was expected to soon be codified by the Supreme Soviet soon after the hearing took place, had negative and positive implications. While a record number of Jewish individuals were allowed to leave the U.S.S.R., Soviet citizens still needed explicit permission to leave the country. In spite of these reforms, though, there were still at least 100 refusenik cases, not to mention fear of an active anti-Semitic movement in the country.

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  • THE NEW AND IMPROVED SUPREME SOVIET AND THE INSTITUTIONALIZATION OF HUMAN RIGHTS REFORM

    The hearing looked into the role of the Supreme Soviet in promulgating and institutionalizing human rights in the Soviet Union. Our Soviet guest today was Mr. Fyodor Burlatskiy who gave testimony alongside Louise Shelley, consultant to the Helsinki Watch on issues of Soviet law. This briefing was a follow-up to talks in Moscow in November of 1988.

  • A Changing Soviet Society

    This hearing addressed Soviet nationalism and the Baltic States’ argument for self-determination. The April attack by armed troops on peaceful demonstrations in Georgia was provided as an example of how dangerous official Soviet reaction to popular protests can be. The need for the Kremlin to learn tolerant methods of dealing with dissent was emphasized. Witnesses testifying at this hearing addressed the changes occurring in the U.S.S.R and called for a set of criteria by which Soviet progress or lack thereof could be assessed. The impact of these changes on the human rights arena, including the right to due process, was also a topic of discussion.

  • THE RIGHT TO RECEIVE AND IMPART INFORMATION - PRELUDE TO THE LONDON INFORMATION FORUM

    This Commission hearing focused on the implementation of the provisions of the Helsinki Accords in the member countries of Eastern Europe. The hearing reviewed the compliance records of the Soviet Union and Eastern Europe, with the provisions regarding the free flow of information. The East has had a mixed record in regards to its compliance of the information provisions of the Helsinki Accords. Expert witnesses gave testimony to bring better understanding of the bewildering, and sometimes contradictory signals the East is sending on its information policies.

  • The State of Human Rights in Romania: An Update

    One year after worker-led disturbances erupted in Brasov and other Romanian cities, Romanian society remains tense, divided and increasingly impatient with a regime that exhibits little regard for the well-being of its citizenry. While the Romanian Party and Government have succeeded in quashing most open expressions of dissent, they have failed abysmally in garnering popular support for their programs -- if such support was ever solicited or even de­sired. Systematically depriving its citizens of the possibility to exer­cise the most fundamental human rights, and robbing them of the social and economic rights it supports so heartily in words, the Ro­manian regime has lost any legitimacy it might once have enjoyed among its citizens. Romanian citizens and recent emigrants from that country testi­fy that repression has grown in the year after Brasov. While most prisoners of conscience were released under a January 1988 amnes­ ty, dissidents continue to be surveilled, followed, called in repeatedly for questioning by the Securitate, and placed under house arrest. Telephone lines are cut and mail intercepted to increase the dissidents' sense of isolation not only from the world outside Romania, but also from contacts within the country. Censorship has become more severe, and the security apparatus maintains an even more visible presence than before. The notorious but still unpublished Decree 408, which requires Romanian citizens to report to police all meetings with foreign citizens within 24 hours, is stringently enforced. Romania's economy continues to deteriorate. Fuel and electricity have been rationed for years. Staple foods, including milk, bread and flour, are rationed, and in many localities even these are unavailable. Meat is a rarity; soup bones only occasionally appear in stores. Decades of financial misplanning and inefficient industrial devel­opment have led to the dire condition of the Romanian economy, making it the poorest in Europe after Albania. The Government continues to repay its foreign debts at a swift rate and modernizeat the expense of the Romanian people's well-being.  

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  • The Current Situation in Poland

    This hearing, presided over by the Hon. Steny Hoyer, was necessitated by strikes having erupted throughout Poland in the largest wave of worker unrest since 1981. These strikes happened shortly after Hoyer visited the country in April of 1988. In September of that year, after another series of strikes, the Polish leadership and opposition both agreed to hold round table discussions on the long-standing problems facing Poland. At the time of the hearing, Poland had been presented with a new and viable opportunity to reconciliation between the leadership and the opposition. The hearing examined the obstacles that barred the path to normalization in Poland, the conditions that needed to be established to ensure the success of necessary reforms, and the oppositions the Polish government and the opposition faced as Poland entered the phase of development in question.  

  • The State of Human Rights in Turkey: An Update

    Since September 12, 1980, many governments, international bodies and nongovernmental organizations have taken an extreme­ly active interest in the human rights situation in Turkey. That date marked the third time in as many decades that the Turkish military had taken power, this time in the wake of governmental paralysis, political polarization, and an uncontrolled wave of vio­lence and terrorism which even civilian-imposed martial law could not stem. Still in power in 1982, the ruling generals had made it clear that power would not be returned to civilian hands until, in their view, the causes of the previous unrest had been eliminated. Political activities remained restricted, and large numbers of Turkish citizens were in prison awaiting trial on a variety of politically related charges. Allegations of serious human rights abuses were wide­spread. The Commission had been urged by nongovernmental organiza­tions, by Members of Congress, and by parliamentarians in other NATO countries, to investigate the charges of abuse. A staff delegation visited Turkey from August 22-29, 1982, and its report repre­sented one of the first open expressions of concern about the Turkish situation by official representatives of the United States. Since the October 1982 report, the Commission, Members of Con­gress, various international bodies, and a variety of private organi­zations have followed events there with great interest. In the past six years, certain sanctions have been applied by the international community, and have been rescinded as progress was made in im­ proving the human rights situation. In light of its ongoing interest m Turkey, and the concern which private organizations continue to express, the Commission felt it appropriate to visit Turkey again and to assess the situation once more. The Commission believes that, since the previous staff report, Turkey has made impressive strides toward a full restoration of human rights and the democratic process. The past six years have seen a renewal of the national commitment to achieving democrat­ic ideals for all Turkish citizens and patterns of tolerance have emerged. They are being strengthened by institutional reform, a citizenry largely committed to the democratic process, and by the activities of the press and various private organizations. The Commission also believes that certain human rights prob­lems, which often predate the 1980 military takeover, persist in Turkey. The report describes them and certain measures which are being undertaken in order to deal with them. This report by the staff, describing developments since the 1982 report and assessing the current state of affairs, is a product of the Commission's continuing interest in Turkey's progress toward full democratization. The hard-won national independence of 1923 en­ compassed a vision of the future which incorporated a proud histor­ical heritage in a Western framework. The profound changes that followed required great national will and commitment. It is the Commission's hope that the momentum of Turkish human rights improvements will be sustained. Turkey is a geographical and cul­tural bridge between Europe and the Middle East, and the Turkish experience may serve as a lesson for both worlds.

  • Reform and Human Rights - The Gorbachev Record

    Based on the Commission's continuing, professional contacts with a wide range of experts on Soviet affairs in this country and abroad, this report is a sober, factual survey of Mikhail Gorbachev's efforts during his first three years as General Secretary of the Soviet Communist Party to promote significant reforms in the politics, economy and society of his country. The report is designed to contribute to that consistent pressure, for in describing how much has changed or seems to be in the process of changing, it also documents how many fundamental rights of Soviet citizens to freedom of expression, of belief, of movement and of national character remain restricted and unprotected. There has been much to applaud in the three years of Gorbachev's rule, especially compared to the repressive actions of his predecessors. The release of many political prisoners from camps and psychiatric prison-hospitals, the rise in the numbers of Soviet citizens permitted to emigrate and to travel, the increasing candor of the official Soviet press and the increasing tolerance shown to unofficial groups and unorthodox points of view are all welcome first steps in the right direction. They are, however, no more than first steps. And as our reportdocuments, they were taken slowly and could be retracted almost overnight. Until the rule of law establishes a decent balance between the power of the Soviet state and the human dignity of individual Soviet citizens, the latter will always be at risk.

  • Vienna Review Meeting of the CSCE - Phase III and IV

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  • The Miroslav Medvid Incident - Findings, Conclusions and Recommendations (Part 1)

    This report results from an investigation directed by the Commission on Security and Cooperation in Europe into the attempted defection of Miroslav Medvid and other similar incidents of involuntary repatriation of Soviet and Soviet-bloc nationals, with recommendations for any appropriate changes in US law. This investigation began in July 1986, with research into available public source background material. By September 1986, fieldwork commenced, consisting primarily of witness interviews, records reviews, and search for other evidentiary materials. More than 200 interviews and 100 informal contacts were conducted by CSCE investigators. A few investigative initiatives were hampered by foreign government and Executive Branch decisions to deny access to certain witnesses and records. However, the effect of the omissions was minimized by the preponderance of other available evidence on the issues. This report presents a narrative story of The Medvid Incident, followed by the factual and legal issues raised by the events (Part I). The second section examines other incidents of repatriation cases, including case studies and analyses, and a statistical examination of deserting crewmen and apprehensions.

  • The Miroslav Medvid Incident - Findings, Conclusions and Recommendations (Part 2)

    This report results from an investigation directed by the Commission on Security and Cooperation in Europe into the attempted defection of Miroslav Medvid and other similar incidents of involuntary repatriation of Soviet and Soviet-bloc nationals, with recommendations for any appropriate changes in US law. This investigation began in July 1986, with research into available public source background material. By September 1986, fieldwork commenced, consisting primarily of witness interviews, records reviews, and search for other evidentiary materials. More than 200 interviews and 100 informal contacts were conducted by CSCE investigators. A few investigative initiatives were hampered by foreign government and Executive Branch decisions to deny access to certain witnesses and records. However, the effect of the omissions was minimized by the preponderance of other available evidence on the issues. This report presents a narrative story of The Medvid Incident, followed by the factual and legal issues raised by the events (Part I). The second section examines other incidents of repatriation cases, including case studies and analyses, and a statistical examination of deserting crewmen and apprehensions.

  • List of Organizations Involved in Exchange Programs with the Soviet Union and Eastern Europe

    The Commission developed this report to help in­terested persons and organizations participate in exchange pro­grams with the Soviet Union and the countries of Eastern Europe: Poland, East Germany, Czechoslovakia, Hungary, Romania, and Bulgaria. It lists organizations which conduct exchange programs and other contacts with these countries. The parties to the Final Act of the Conference on Security and Cooperation in Europe declared their intention to expand cooperation in security, economic, humanitarian, information, culture, and education affairs and to respect and put into practice certain basic principles, including those of human rights. The Final Act was signed in Helsinki on August 1, 1975, by 35 heads of state or govern­ment, including the United States, Canada, and every state in Europe except Albania. The Commission on Security and Cooperation in Europe (Helsin­ki Commission) was created as an independent government agency in 1976 to monitor compliance with the Final Act and to encourage U.S. governmental and private programs to expand East-West eco­nomic and cultural cooperation and exchange of people and ideas. In the Final Act, the signatories express the view that cultural exchanges and development of relations in education and science contribute to the strengthening of peace, better mutual under­ standing, and enrichment of the human personality. In the Com­ mission's view, exchange programs with the Soviet bloc countries break down barriers and lessen distrust. They help Americans learn about the views and goals of these societies. Such programs help expose the peoples of these countries to the values and goals of our pluralistic society. Critical to such programs is that Americans are given the opportunity to tell the Soviets and their allies on a personal level about their concern for human rights and fundamental freedoms.

  • Vienna Follow-Up Meeting of the CSCE

    This hearing focused on the Vienna Meeting and narratives in previous meetings in Belgrade and Madrid. These meetings centered on the U.S.S.R.’s persistent publicity about the true nature of the Soviet system, in particular regarding the role it played in the reversal of the Soviet image in Western Europe in the early 1980's. Due to Soviet improper compliance with OSCE rules and statues, such as detaining Helsinki monitors, the Vienna Meeting focused on strengthening the relevance and effectiveness of the Helsinki process to improve efficacy on progress.

  • The Miroslav Medvid Incident

    On October 24, 1985, Soviet Seaman Miroslav Medvid jumped from the Marshal Konev (a Soviet grain freighter) while it was docked in New Orleans, LA, and reportedly attempted to request political asylum in the United States. He was interviewed by U.S. Border Patrol agents on that same night and then ordered returned to his ship. U.S. officials from the INS and State Department subsequently boarded the ship, obtained an agreement from Soviet officials that Medvid would be re-interviewed concerning his desire for political asylum, and proceeded to question him over a period of 2 days. Mr. Medvid consistently held that he did not want political asylum during this second interview process, and was finally returned to his ship on October 29, 1985.  The Medvid case has raised many questions concerning the manner in which U.S. Government officials handled the incident and concerning U.S. asylum policy toward Communist-bloc nations in general. The Senate Subcommittee on Immigration and Refugee Policy held a series of hearings and conducted a staff investigation on the matter. This report addresses the facts developed through that hearing and investigation process. This report is divided into 6 sections: (1) a brief summary of the events from the time of Medvid's desertion to his final return to the Soviet ship; (2) a summary of the hearings that the immigration subcommittee held on November 5, 1985, November 7, 1985, February 5, 1986, and March 7, 1986; (3) a review and discussion of the major issues and points of controversy concerning the incident; (4) a description of the roles played by the individuals who had the most contact with Medvid, and their perspectives on the case; (5) a review of the adequacy. of present INS asylum procedures; and (6) conclusions drawn by the subcommittee based on the hearing and investigation process.

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